Terms of Service - Just Checking In

You must be at least 13 years old to use the Services. If you are between 13 and the age of majority where you live (usually 18), you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. By using the Services, you confirm that you meet these requirements and that the information you give us is accurate.

The Services are intended for personal, non-commercial use.

To use most features you create an account. You agree to:

• provide accurate information and keep it up to date;
• keep your account and device secure, and not share access with others;
• be responsible for activity that happens through your account; and
• tell us promptly if you believe your account has been compromised.

You may sign in using a one-time code sent to your phone or email. You are responsible for maintaining the security of the phone number, email address, and device tied to your account.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the Services on devices you own or control, for your personal, non-commercial use. You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code of the Services, except where the law permits this despite this restriction.

We may update, change, or discontinue features of the Services at any time. Some changes are delivered through your app store as a new version of the app.

Just Checking In is a wellbeing and social-connection app. It is not a medical device, a healthcare service, a counseling or crisis service, or an emergency response service. The Services do not provide medical advice, diagnosis, or treatment, and nothing in the Services is a substitute for professional care.

If you are in crisis or believe you or someone else may be in danger or having a medical emergency, contact your local emergency number or a crisis line immediately. Do not rely on the Services for emergencies.

The Services include features such as reminders, emergency contacts, "watch over a loved one," and missed-check-in alerts. These are designed to help people stay connected and to send a friendly nudge or notification. They are not a monitoring, medical-alert, security, or emergency-dispatch service, and we do not guarantee them.

You understand and agree that:

• Delivery is not guaranteed. Notifications, push messages, emails, and SMS alerts depend on networks, carriers, device settings, third-party providers, and other factors outside our control. They may be delayed, fail to send, or not be received.
• You are responsible for your contacts. If you add emergency or alert contacts, you confirm that the information is accurate and that those people have agreed to be contacted by the Services for this purpose. You are responsible for keeping that information current.
• These features are not a safety guarantee. They do not replace checking on someone directly or contacting emergency services, and you should not rely on them as your only means of ensuring anyone's safety.

Some features are offered through a paid premium subscription. Subscriptions are sold and processed through the Apple App Store or Google Play, not directly by us.

Billing

• Payment is charged to your Apple or Google account at confirmation of purchase. Pricing, available plans, and any free trial are shown in the app before you buy.
• Auto-renewal. Paid subscriptions are auto-renewing. Unless you cancel, your subscription automatically renews at the end of each period (for example, monthly or yearly), and your account is charged the then-current price for the next period. The store typically charges within 24 hours before the current period ends.
• Managing and canceling. You can manage or cancel your subscription at any time in your Apple or Google account settings. To avoid being charged for the next period, cancel at least 24 hours before the current period ends. Deleting the app does not, by itself, cancel a subscription.
• Free trials. If a free trial is offered and you do not cancel before it ends, it converts to a paid subscription and you are charged. Any unused portion of a free trial is forfeited when you buy a subscription.
• Refunds. Payments are handled by Apple or Google, and refunds are subject to their policies. We generally cannot issue refunds for store purchases directly.
• Price changes. We may change subscription prices. Where required, we or the store will give you notice and, where required, the opportunity to cancel before a change takes effect.

Your purchase is also subject to the terms of the app store you bought it from.

By providing your phone number and using features that use SMS (such as one-time sign-in codes, reminders, and missed-check-in alerts), you consent to receive text messages from or on behalf of Just Checking In. Message frequency varies. Message and data rates may apply, and carrier charges are your responsibility.

You can reply STOP to opt out of non-essential text messages and HELP for help. Note that opting out of texts may disable features that depend on SMS, and we may still send messages necessary to secure your account. You can also control push, email, and SMS notifications in the app's settings.

The Services let you create and share content, including check-ins and notes, direct and group messages, reactions, profile details, invitations, and feedback ("Your Content").

• You own Your Content. You keep ownership of Your Content. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Your Content only as needed to operate, secure, and provide the Services to you and the people you share it with. We do not use Your Content for advertising, and we do not sell it.
• You are responsible for Your Content. You represent that you have the right to share Your Content and that it does not violate these Terms or anyone's rights.
• Other people's content. Content shared by others is their responsibility, not ours.

Community standards

You agree not to post, send, or share content that is unlawful, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, or otherwise objectionable, and not to use the Services to harass, bully, impersonate, or endanger anyone.

We have zero tolerance for objectionable content and abusive behavior. This is a condition of using the Services.

We want Just Checking In to be a safe place.

• Report. You can report content or behavior that violates these Terms through the in-app reporting tools.
• Block. You can block another user to stop further contact from them.
• Our action. We review reports of objectionable content and abusive users and act on them, which may include removing content and ejecting the user responsible. We aim to act on reports of objectionable content within 24 hours.

We may, but are not obligated to, monitor content. We may remove content or suspend or terminate accounts that violate these Terms.

You agree not to:

• use the Services for any unlawful, fraudulent, or harmful purpose;
• violate or infringe anyone's intellectual property, privacy, or other rights;
• harass, abuse, threaten, impersonate, or endanger any person;
• attempt to access accounts, data, or systems you are not authorized to access;
• interfere with, disrupt, overload, or attempt to gain unauthorized access to the Services or their infrastructure;
• reverse engineer, scrape, or build a competing product from the Services; or
• circumvent any security, rate-limiting, or access controls.

The Services rely on third parties, including the Apple App Store, Google Play, mobile carriers, and our service providers. Your use of those services is governed by their own terms and privacy policies, which we do not control. If you accessed the app through Apple, you agree that Apple is a third-party beneficiary of these Terms and may enforce them, and that Apple is not responsible for the app or its support.

The Services, including their software, design, logos, and content we provide (but not Your Content), are owned by Heraclius, LLC or our licensors and are protected by intellectual property laws. Except for the license granted to you in these Terms, we reserve all rights. "Just Checking In" and related marks are ours; you may not use them without our permission.

You. You can stop using the Services at any time and can delete your account from within the app. When you delete your account, we permanently delete your personal data as described in our Privacy Policy. Deleting the app does not cancel a store subscription; cancel that through your Apple or Google account.

Us. We may suspend or terminate your access to the Services at any time if you violate these Terms, if we are required to by law, or to protect the Services or other people. Where reasonable, we will try to give you notice.

Effect. When these Terms end, your license to use the Services ends. Sections that by their nature should survive (such as content licenses you granted others before deletion, disclaimers, limitation of liability, and indemnification) will survive.

To the fullest extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or that any notification, reminder, or alert will be delivered.

To the fullest extent permitted by law, Heraclius, LLC and its owners, employees, and providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, goodwill, or other intangible losses, arising out of or relating to your use of (or inability to use) the Services, including any failure or delay of any notification, reminder, or safety feature.

To the fullest extent permitted by law, our total liability for any claim relating to the Services will not exceed the greater of the amount you paid us for the Services in the twelve months before the claim, or fifty U.S. dollars ($50).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify and hold harmless Heraclius, LLC and its owners, employees, and providers from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Services, Your Content, or your violation of these Terms or of anyone's rights.

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, notify you in the app or by email. Your continued use of the Services after an update means you accept the revised Terms. If you do not agree, stop using the Services and delete your account.

These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Georgia have exclusive jurisdiction over any dispute that is not otherwise resolved, except that either party may seek injunctive relief where appropriate.

Before filing any claim, you agree to first contact us at the address below and try in good faith to resolve the dispute informally.

If you have questions about these Terms, contact us at:

• Just Checking In
• Heraclius, LLC
• State of Georgia, United States
• Email: [email protected]

For privacy questions, see our Privacy Policy or email [email protected].